Madhukar Ganapati Potdar Decd Thru Lrs v. Late Vatsala Ganpati Potdar And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION No. 999 OF 2023 VAISHALI ANIL TIKAM IN WRIT PETITION No. 730 OF 2002 Madhukar Ganapati Potdar by VAISHALI ANIL TIKAM Date:

2023.02.18 11:17:27 +0530 Decd Thr. Lrs.

a) Smt. Madhavi Madhukar Potadar and Ors.

..Applicants In the matter between Late Vatsala Ganpati Potdar Decd. Thr. Lrs.

..Petitioner Vs.

The Special land Acquisition Officer No. 12 and Ors.

..Respondents Mr.Anand S. Patil, Advocate for the Applicants Mr. V.B. Rajure, Advocate for the Petitioner Mrs. M.S. Bane- AGP for Respondent Nos. 1 to 3 CORAM:- R.D. DHANUKA & M.M. SATHAYE, JJ.

DATE :- 10TH FEBRUARY, 2023.

P. C.:

1.

Learned counsel for the Applicants seeks leave to amend the prayer clause (a) of the Application. Leave granted. Tikam page 1 of 3

Amendment to be carried out within two weeks from today. Re-verification is dispensed with. He further submits that at this stage, he is not pressing prayer clause (b) in the application.

2.

This application is filed by the ApplicantsIntervenor seeking direction of this Court to implead them as petitioners in the present Writ Petition. It is the case of the Applicants-intervenors that in the partition among the family, as recorded in deed dated 18th February, 2022 and the order is passed by the Tahasildar Kagal dated 2nd March, 2022, the subject matter of this Petition, i.e. Land Gat No. 126-B, situated at Village Kapashi, Tal. Kagal, Dist. Kolhapur has been allotted to the share of present intervenors. 3.

We have heard Mr. Rajure, learned counsel for the Original Petitioners . He admits to the said allotment of the subject matter land in favour of the present Intervenors in partition. Learned counsel for the Petitioner, on instructions, submits that he has no objection if the intervenors are substituted in the place of Petitioners.

Tikam page 2 of 3

4.

Hence the following order is passed.

Order (i) Interim Application is allowed.

(ii) The intervenors stand substituted in the place of the Petitioners in Writ Petition No. 730 of 2002. Necessary amendment be carried out by the Applicants/intervenors within two weeks from today.

(iii) Interim application is disposed of in the aforesaid terms. (M.M. SATHAYE, J.) (R.D.DHANUKA, J. ) Tikam page 3 of 3